Dallas County, 14th District Court Minutes, 1846 – 1855
(p. 302) Monday May 9th 1853
Present: John H. Reagan, Judge; Nat M. Burford, District Attorney; Edward C. Browder, Clerk; T. C. Hawpe, Sheriff. The sheriff executed summons for all the persons named except James F. Chinaworth, J. L. Taylor, J. B. Lee, W. W. Merrell, Jones Green and W. B. Laughlin, who were not found. These people selected for grand jury: L. G. Coombs, E. S. Rodes, Hyram Bennett, Zebadee Heath, Thomas A. Phillips, Jessie Atteberry, Noah Good, J. G. Boydston, Milton Merrifield, Thomas J. McDowell, John Conway, M. R. Fondren, William H. Keen, C. H. Bernard, G. B. Knight. Hyram Bennett, foreman; Wesley M. Chenault, bailiff.
Ordered by the court that the sheriff summon twenty men to serve as jurors during the present term.
Ordered by the court that the a fine of $25. be entered against A. Dowdy, Jonas Buskirk, D. L. Hall, Lambert Heath, John R. Bell, Elias T. Myers, James G. Pigg, for failing to attend as jurors at this term of court and that they be commanded to appear at the next term of court.
(p. 303)
William Latham vs Henson Davis & John Davis. Trespass.
The plaintiff comes by his attorney and this case is dismissed by the court under a rule for security for cost. Defendant is to recover all cost.
John Grayem vs A. G. Walker. Debt.
Case is continued.
James L. Blue vs Aaron McDaniel & John Robbinson [blank]
Plaintiff appears and dismisses his suit as to Robbinson; and Robbinson is to recover his cost.
Arther Ledbetter vs William Myers. Certiorari.
Case continued until the next term of court.
E. H. Tarrant, et al vs P. K. Raulins. Trespass.
Case is continued.
Charles DeMorse, et al vs P. K. Raulins. Trespass.
Case is continued.
(p. 304)
Charles DeMorse, et al vs A. Bledsoe. Trespass.
By mutual agreement the case is dismissed at the cost of the plaintiff. The defendant is to recover of the plaintiffs Charles DeMorse, E. H. Tarrant and William C. Young.
Charles DeMorse, et al vs M. M. Miller. Trespass.
Case is continued.
Charles DeMorse, et al vs Thomas Campbell. Trespass.
Case is continued.
Charles DeMorse, et al vs George Floyd. Trespass.
Case is continued.
Charles DeMorse, et al vs William Newton. Trespass.
Case is continued.
(p. 305)
Charles DeMorse, et al vs William Raulins. Trespass.
Case is continued.
William C. Young, et al vs Jessie Wampler. Trespass.
Case is continued.
Levi Rice, et al vs A. Bledsoe. Trespass.
Plaintiffs dismiss their suit and they are ordered to pay all cost.
Levi Rice, et al vs William Newton. Trespass.
Case is continued.
Levi Rice, et al vs M. M. Miller. Trespass.
Case is continued.
Levi Rice, et al vs George Floyd. Trespass.
Case is continued.
Charles DeMorse, et al vs C. C. Overton. Trespass.
Case is continued.
(p. 306)
Levi Rice, et al vs William Raulins. Trespass.
Case is continued.
Levi Rice, et al vs Jesse Wampler. Trespass.
Case is continued.
Levi Rice, et al vs C. C. Overton. Trespass.
Case is continued.
Levi Rice, et al vs Thomas Campbell. Trespass.
Case is continued.
F. W. Dunaway vs John W. Overton. Certiorari.
Case dismissed for want of jurisdiction. F. W. Dunaway and his securities, John Lanier and A. D. Rice pay all costs.
J. B. McPherson vs C. B. Warsham. Certiorari.
Case is dismissed for want of jurisdiction. C. B. Warsham is to pay costs.
(p. 307)
McPherson & Parker vs C. B. Warsham. Certiorari.
Case dismissed for want of jurisdiction and the defendant is to pay cost.
Elizabeth Bryan vs James B. Bryan. Divorce.
Plaintiff ask leave of court to file amended petition which is granted.
J. W. Wright vs A. W. Martin. Certiorari.
Case is dismissed for want of jurisdiction. Defendant to pay cost.
A. G. Walker vs Dallas County. Debt.
Case is continued.
Archibold Lavinder vs A. G. Walker, et al. Debt.
A. G. Walker came into court and confesses judgement and plaintiff to recover from the defendants $200. principal together with the sum of $26. interest and all the cost in this case.
(p. 308)
William M. Hunt vs Pleasant Taylor. Debt.
Plaintiff’s attorney dismisses the suit and court ordered the plaintiff pay all costs.
Tuesday May 10th 1853
Ordered by the court that the fine entered against E. T. Myers for failing to attend as a juror be remitted and said Myers to take his seat as a juror for the term.
Ordered that Robert Sloan be excused as a juror.
Ordered that Joseph Elliot be excused as serving as a juror.
Peter Apperson vs Samuel T. Bledsoe. Certiorari.
The parties by their attorneys’ suggest the death of the plaintiff and Elizabeth Apperson, Executrix and James Apperson, Executor, make themselves the party to the suit. Submitted to a jury: James Armstrong and 11 others. Verdict: Find for the plaintiff judgement for $71.03 whereupon plaintiff enters a remittance of $15. The plaintiffs are to recover $56.00 principal and all their cost.
(p. 309)
Benjamin Mathews vs A. G. Walker
& D. R. S. C. Galloway. Injunction of Mandamus.
Defendants come by their attorneys’ and the plaintiff neither appearing in person or by attorney. Case is dismissed for want of prosecution. Defendants to recover their costs.
George Markham vs William Bruton. Trespass.
[Case marked through and ERROR written across it]
William M. Simpson vs William Jenkins. Trespass to Try Title.
Plaintiff not appearing in person or attorney, case is dismissed and defendant to recover his cost.
(p. 310)
John B. Hibbert vs Elizabeth Hibbert. Divorce.
The plaintiff comes by his attorney and the defendant neither appearing in person or by attorney, John C. McCoy was offered by the court as attorney for the defendant. The jury: O. W. Knight and 11 others. Verdict: We the jury find the allegations in the plaintiff’s petition to be true. It is therefore ordered by the court that John B. Hibbert and Elizabeth Hibbert be divorced, plaintiff to pay all cost.
James L. Blue vs Aaron McDaniel Specific Performance.
& John Robinson.
A judgement by default is rendered against defendant McDaniel in writ of enquiry awarded. Plaintiff’s evidence was excluded by the court and a judgement rendered for the defendant to which plaintiff accepted and prayed an appeal. It is therefore ordered by the court that the defendant recover from the plaintiffs all the cost in this behalf expended.
(p. 311)
Wm. Myers vs Milton Merryfield. Damages.
Plaintiff says he will no longer prosecute. Case is dismissed. plaintiff shall recover from defendant all costs.
Isaac Anderson vs C. G. Cole. Trespass A&B.
[nothing else written]
James L. Blue vs Levi Turner. Certiorari.
It appears that this court has no jurisdiction. Case dismissed and said Turner to pay all costs.
A. G. Walker vs Dallas County.
Case dismissed.
The Grand Jury returns the following bills of Indictment:
The State of Texas vs Robert Simmons Assault with Intent to Kill.
The State of Texas vs Jane, a slave Murder.
J. M. Crockett vs William Myers. Motion.
Sheriff asks a rule against the plaintiff for security which was granted.
A. C. Haught, et al vs C. W. Adams & Co.
Sheriff asks a rule against the plaintiff for security which was granted.
(p. 312)
Isaac Anderson vs C. G. Cole. [blank]
Parties by their attorneys this case having previously been submitted to arbitration by agreement of the parties it is ordered that the plaintiff recover from C. G. Cole as per award of the arbitration. Report of arbitration: We, T. C. Hawpe, and O. W. Knight, arbitrators, after hearing statements of the parties proceeded to investigate the case and could not agree and called in George W. Barnett as a third man. Gave the said Anderson the following damage: $51. and all the fees of the court which C. G. Cole is to pay. /s/ T. C. Hawpe, O. W. Knight, G. W. Barnett. Confirmed by the court. [In margin: Isaac Anderson received $51. June 9th, 1853. /s/ Isaac Anderson]
William M. Hart vs J. N. Bryan. [blank]
The sheriff and clerk move the court for a rule for security for cost herein which motion is sustained by the court.
[Note: The next 13 cases were identical to the case above.
William Myers vs Milton Merrifield.
(p. 313)
[Continued from previous page]
Garrot Langford vs Elizabeth Langford.
John Law vs David Cameron.
Levi Parish vs James Fuller.
Arch Lavender vs A. G. Walker.
William B. Miller vs Robert Sloan.
T. J. Rogers vs Rufus Bennett.
Elizabeth Bryan vs James B. Bryan.
W. B. Walker vs James B. McPherson & John N. Bryan.
(p. 314)
[Continued from previous page]
Charles DeMorse, et al vs William Newton.
W. A. Ferris vs J. H. Snow, et al.
E. H. Tarrant, et al vs P. K. Rawlins.
Charles DeMorse, et al vs George Floyd.
George Markham vs William Bruton. [blank]
Plaintiff failing to appear, case is dismissed.
Defendant to recover from George Markham and his securities Adam C. Haught and James J. Beeman all costs.
Peter Apperson vs Samuel L. Bledsoe. [blank]
Jury: [no one named.] Verdict: Find for the plaintiff the sum of $71.03 and should recover the same minus the sum of $15. and all costs.
(p. 315)
John M. Crockett vs William Myers. [blank]
Jury failed to agree and a mistrial is entered.
The State of Texas vs William P. Holman. [blank]
Defendant appeared in his own person said he as not guilty. Jury of O. W. Knight, Foreman and 11 others. Verdict: Found guilty and assessed a fine of 1 cent and where upon it is ordered that the state recover from the defendant 1 cent plus all costs.
(p. 316)
The State of Texas vs Jane (a slave). Murder.
Ordered that a special venire be issued for 36 jurors for the purpose of serving as jurors for the said case. This case is set for Monday next, the defendant is too poor to employ council and E. P. Nichols and B. W. Stone are appointed by the court as council for the defendant.
The State of Texas vs John A. Jackson. [blank]
Case continued and alias capias is ordered.
The State of Texas vs William Coombs. [blank]
Case is continued.
Aaron Overton vs A. G. Walker. [blank]
Sheriff ask leave to amend his return of service herein which is granted.
W. A. Ferris vs J. H. Snow, et al. [blank]
By consent of the parties the case is placed at the heel of the docket.
Wesley Morgan v A. G. Walker and C. G. Cole. [blank]
By consent of the parties the case is placed at the heel of the docket.
(p. 317)
Isaac Wade vs John M. Harding. [blank]
By consent of both parties, the case is placed at heel of docket.
William M. Simpson vs A. G. Walker. [blank]
By consent of both parties, the case is placed at heel of docket.
William M. Simpson vs A. G. Walker. [blank]
By consent of both parties, the case is placed at heel of docket.
William M. Simpson vs A. G. Walker. [blank]
By consent of both parties, the case is placed at heel of docket.
William M. Simpson vs A. G. Walker. [blank]
By consent of both parties, the case is placed at heel of docket.
William M. Simpson vs A. G. Walker. [blank]
By consent of both parties, the case is placed at heel of docket.
The State of Texas vs John Wesley Smith. [blank]
Pleads not guilty. Jury: Isaac Elam and 11 others. Verdict: Find defendant not guilty.
(p. 318)
The State of Texas vs John Wesley Smith. [blank]
District Attorney says he will prosecute him no longer and the case is dismissed.
The State of Texas vs L. L. Marshall. [blank]
Case is dismissed.
The State of Texas vs Levi Turner. [blank]
Defendant says the court has no jurisdiction but the plea was overruled by the court and case is continued with an attachment to issue for the state’s witness Frederick Moss.
(p. 319)
The State of Texas vs Hiram Blackwell & J. R. Parker. Gaming.
Defendant Blackwell pleads guilty. Jury: James Armstrong and 11 others. Verdict: Fine assessed at $15.62½ cents and all costs.
The State of Texas vs John Fortner. Shooting Horse.
Case is dismissed.
The State of Texas vs J. N. Bryan. Assault with Intent.
Case is continued.
The State of Texas vs Perry Linny. Assault with Intent.
Case is continued and alias capias awarded to Grayson County.
The State of Texas vs George Wright. Passing Counterfeit Money.
Case is continued and alias capias awarded.
(p. 320)
The State of Texas vs George Linny. Assault with Intent.
Case is continued and alias capias issued to Grayson County.
The State of Texas vs David Reis. A & B.
Case is continued and alias capias awarded.
The State of Texas vs E. S. Napier. Assault with Intent.
Case is continued and alias capias awarded to Kaufman County.
The State of Texas vs A. Harwood. Issuing Marriage License.
Case is dismissed.
The State of Texas vs Francis Evert. Burning Timber.
Case is continued and alias capias ordered.
The State of Texas vs J. W. Latimer, Wesley Betting at Roundo.
Morgan, William A. Gould, P. A. Specernagle,
Alexr. Young, William Wallis, E. F. Springer,
William Burnett.
Indictment is quashed as to defendants Latimer, Gould, Young and Wallis.
(p. 321)
The State of Texas vs J. B. McPherson, James Betting at Roundo.
Coleman, A. M. Keen, Joseph Parker.
Indictment is quashed.
The State of Texas vs John C. Cook. [blank]
Case is continued.
(p. 322)
Grand jury returned the following bills of indictment:
The State of Texas vs Claiborn Warsham, Calvin G. Cole, Gaming.
Alexander Cockrell and James Crutchfield
William Shelton & ???[no 1st name] Culpeper Gaming.
J. B. McPherson Gaming.
Jessie H. Kelly Assault with Intent to Kill.
H. P. Crum A & B.
John Wells Aiding a Prisoner Escape.
Ordered that J. H. Barlough be excused as serving as a juror. T. D. Coats to serve in his place.
Ordered by the court that W. P. Holeman be excused from serving as a juror. J. P. Lawrence to serve in his place.
Ordered by the court that John F. Porter be excused from serving as a juror. W. P. Carder to serve in his place.
Ordered by the court that a fine $1.00 be entered against A. McCrackin for not appearing as a juror when called. [ERROR WRITTEN ACROSS]
Ordered by the court that a fine of $1.50 be entered against E. T. Myers for failing to appear as a juror when called. [ERROR WRITTEN ACROSS]
Ordered by the court that a fine of $1.50 be entered against John C. Cook for failing to appear as a juror when called. [ERROR WRITTEN ACROSS]
Ordered by the court that a fine of $1.00 be entered against Anson McCrackin for not appearing as a juror when called.
Ordered that the court be adjourned until tomorrow morning at 8 o’clock.
(p. 324) Thursday May 12th, 1853
Charles DeMorse, et al vs Thomas Campbell. [blank]
Sheriff asks for motion for security, which is sustained by the court.
McPherson & Parker vs James W. Latimer [blank]
Sheriff asks for motion for security, which is sustained by the court.
Charles DeMorse, et al vs A. Bledsoe. [blank]
Sheriff asks for motion for security, which is sustained by the court.
Charles DeMorse, et al vs M. M. Miller. [blank]
Sheriff asks for motion for security, which is sustained by the court.
John N. Bryan vs G. M. Pettit. [blank]
Sheriff asks for motion for security, which is sustained by the court.
Wm. M. Hunt vs John N. Bryan. [blank]
Sheriff asks for motion for security, which is sustained by the court.
H. P. Crum vs R. A. Lemmon. [blank]
Sheriff asks for motion for security, which is sustained by the court.
(p. 325)
Levi Rice, et al vs Thomas Campbell. [blank]
Sheriff asks for motion for security, which is sustained by the court.
Levi Rice, et al vs William Rawlins. [blank]
Sheriff asks for motion for security, which is sustained by the court.
Levi Rice, et al vs M. M. Miller. [blank]
Sheriff asks for motion for security, which is sustained by the court.
Levi Rice, et al vs George Floyd. [blank]
Sheriff asks for motion for security, which is sustained by the court.
Levi Rice, et al vs William Newton. [blank]
Sheriff asks for motion for security, which is sustained by the court.
Charles DeMorse, et al vs Wm. Rawlins. [blank]
Sheriff asks for motion for security, which is sustained by the court.
Wm. C. Young, et al vs P. R. Rawlins. [blank]
Sheriff asks for motion for security, which is sustained by the court.
Wm. Myers vs Milton Merryfield. [blank]
Sheriff asks for motion for security, which is sustained by the court.
(p. 326)
A. G. Walker vs A. M. Keen. [blank]
Sheriff asks for motion for security, which is sustained by the court.
James M. Bennett vs R. H. Hibbits. [blank]
Sheriff asks for motion for security, which is sustained by the court.
A. Gouhenant vs J. B. McPherson. [blank]
Sheriff asks for motion for security, which is sustained by the court.
John M. Crockett vs John S. Tucker. [blank]
It appearing that the costs have not been paid; cause is dismissed.
Orlando Wilson vs Wm. Newton. Malicious Prosecution.
This cause is dismissed by the plaintiff.
Thomas Ratton vs A. J. West. Debt.
Case dismissed by the plaintiff.
(p. 327)
Samuel Merryfield vs L. G. Coombs. Certiorari.
Case dismissed by the plaintiff.
F. W. Dunnaway vs M. T. Johnson. Garnishee.
Case dismissed by the plaintiff.
(p. 328)
A. G. Walker vs John Merryfield. Certiorari.
It appears that this court has no jurisdiction and case dismissed. Defendant Merryfield to recover of the plaintiff Walker and his securities, Nat M. Burford and T. C. Hawpe all costs expended.
F. W. Dunnaway vs Samuel B. Pryor. Certiorari.
It appears that this court has no jurisdiction and case dismissed. Defendant Pryor to recover of plaintiff and his securities all costs. [NOTE: It seems strange that the plaintiff is to recover costs, but this is how it is written]
F. W. Dunnaway vs Samuel B. Pryor. Certiorari.
It appears that this court has no jurisdiction and case dismissed. and plaintiff to recover of the defendant and his securities Milton Merryfield and John W. Merrifield all costs. [NOTE: As above, this is as it is written.]
(p. 329)
Bush & Gauger vs John H. Cole. Garnishee.
Defendant having fully answered herein he is discharged. It is decreed that the defendant recover of the plaintiff all costs.
Edwd. C. Browder vs Thomas Wright. Debt.
Case dismissed by the plaintiff.
Aron Overton vs A. G. Walker, J. W. Smith, & C. G. Cole. Debt.
This cause submitted to the court. Ordered that the plaintiff recover from the defendants the sum of $123.10 principal together with the sum of $26.55 interest and pay all costs. This judgement to be paid at 10% interest.
(p. 330)
The State of Texas vs John Wells. Aiding Prisoner to Escape.
Defendant is brought into court, pleads not guilty as charged. Jury: Thomas D. Coats and 11 others. Jury finds the defendant guilty and assesses a fine of $500. and imprisonment for 12 months in the County Jail of Dallas County.
(p. 331) Friday May 13th, 1853
State of Texas vs John S. Tucker. Perjury.
District attorney states he will not prosecute and case is dismissed.
State of Texas vs Robert A. Lemmon. Assault with Intent to Kill.
Defendant pleads not guilty. Jury: Foreman Archabald Lanier and 11 others. Night coming on, the court to disperse until tomorrow morning.
Hibbert & Crockett, Admrs. of John Hewitt, dec’d vs F. W. Dunnaway.
By consent of the parties the case is dismissed. Defendant F. W. Dunnaway and plaintiff Hibbert & Crockett to pay the fees.
(p. 332)
Levi Parrish vs James Fuller. Debt.
Defendant failed to appear. It appearing to the court that the defendant had been served with the process, the court proceeded to render a judgment by default. Jury: O. W. Knight, foreman and 11 others. Find for the plaintiff $239.00, + $35.85 interest. Fuller is to pay all costs.
(p. 333) Saturday May 14th, 1853
Ann Durall vs David Bradshaw.
By her attorney John M. Crockett, Durall files a mandate from the Supreme Court of the State of Texas. Mandate: Greeting, before your Supreme Court 28 April 1852 this case upon appeal. …Appears that the appeal be dismissed from the docket for want of jurisdiction and the appellant and his securities James Armstrong and William J. Walker, pay the costs. The Honorable John Hemphill, Chief Justice Supreme Court, Tyler, Texas; Thomas Green, Clerk. It is ordered by this court that the order of the Supreme Court be observed and that execution issue for the amount of the original judgment together with interest and all cost against said defendant David Bradshaw and his securities.
(p. 334)
Jahue L. Frost vs D. S. Crumpacker.
Crumpacker by his attorney John E. Cravens files a mandate from the Supreme Court of the State of Texas:
Greetings, before the Supreme Court 27 April 1852. Appears to the Supreme Court that there was no assignment of error and his securities
A. D. Rice pay the cost of the cause to this court. The original judgement stands in favor of Crumpacker.
(p. 335)
State of Texas vs Robert A. Lemmon. Assault with Intent.
The jury returns a verdict of not guilty, A. B. Lanier, Foreman.
State of Texas vs Samuel Ramsey & Jonas Buskirk. Scire Facias.
Ramsey & Buskirk were securities for Francis Everts who was indicted for a misdemeanor and the said Everts has gone to parts unknown and they are unable to bring him to court. They are now bringing the sum of $150. and hope to be discharged from any further liability which was granted.
(p. 336) Monday May 16th, 1853
A. M. Moore vs Samuel B. Pryor. Certiorari.
Case dismissed for want of prosecution. Defendant Samuel B. Pryor and his securities, James S. Beeman and B. G. Clark to pay the costs.
Wm. Hunt vs John N. Bryan. Debt.
Defendant does not appear, the plaintiff has judgment by default and is to recover $119.45 principal and court costs.
(p. 337)
McPherson & Parker vs J. W. Palmer. Debt.
Defendant does not appear, the plaintiff has judgment by default in the sum of $102.45 and $5.79 interest with the cost of this suit.
T. J. Rogers vs Rufus Burnett. Debt.
Case is continued.
F. W. Dunnaway vs John W. Overton.
[ERROR written across this.]
Garrett Langford vs Elizabeth Langford. Divorce.
Case continued.
State of Texas vs Robert Whisenant. Burning Prairie.
Case dismissed.
(p. 338)
State of Texas vs Levi Turner. Burning Prairie.
Case dismissed.
F. W. Dunnaway vs John W. Overton. Injunction.
Defendant failing to appear, a judgment by default was entered. Decreed by the court, that judgement heretofore granted be made perpetual and that the plaintiff Foster W. Dunnaway recover from John W. Overton all costs. Jury fee paid by Burford $5.00.
(p. 339)
State of Texas, County of Dallas, District Court, Spring Term, AD 1853. To the Hon. John H. Reagan, Judge in the 9th Judicial District, the undersigned Maxime Guillot, aged 27 years, a resident of the county of Dallas, states that on the 12th day of December 1849 he emigrated on the vessel Larlando at the port of Havre de Grace in France, that he landed at the port of New Orleans on the 4th day of February 1850, that he proceeded to the county of Tarrant, then to Dallas, Dallas County, Texas, where he has since resided and still resides and it is his intention to become a citizen of the United States and to renounce allegiance to Louis Phillipe, King of the French Government or Republic of France or to Napoleon III, present Emperor of France of which Government he was last a subject. Sworn to in open court 14 May 1853 by Maxime Guillot. [Editor’s Note: a ship named Orlando from Harve landed in New Orleans on 7 February 1849. Quarterly Abstracts of Passenger Lists of Vessels Arriving at New Orleans, 1820–1875. M272, roll 5.]
(p. 340)
The State of Texas vs Jane (a slave). Murder.
She pleads not guilty. Jury: David R. Cameron and 11 others. Verdict: Jury finds defendant guilty in the 1st degree, we further find the defendant is a slave of the value of $700 and that the owner of the defendant has done nothing to evade or defeat the execution of the law. D. R. Cameron, Foreman.
J. N. Bryan vs G. M. Pettit. Debt.
Plaintiff by his attorney and it appearing to the court that service in this cause has been made by publication. Case continued.
(p. 341)
John Jackson petition for naturalization. In the District Court, Spring Term, 1853. Your petitioner John Jackson, a resident of the county of Dallas, State of Texas, states that on 29 March 1848 he embarked on board the Jipsy (cotton ship) for the United States of America, arrived at the port of New Orleans on 28 May 1848 and immediately proceeded to Dallas County and it is his intention to become a citizen of the United States and to denounce all allegiance to foreign powers, particularly to Victoria, Queen of the Kingdom of Great Britain of whom he was late a subject. Sworn to by John Jackson, 11 May 1853.
Tuesday May 17th 1853
William B. Walker vs James B. McPherson Debt.
& John N. Bryan.
The defendants withdraw their answer. Decreed that the plaintiff should recover from the defendant the sum of $150. principal, plus $12. interest for which execution may issue after a stay of six months.
(p. 342)
State of Texas vs Jane (a slave.) Murder.
Pursuant to law the prisoner Jane who had been found guilty of murder was brought into open court for the purpose of receiving the judgment thereof. She was asked if she had anything to say as to why the sentence of death should not be passed upon her and said nothing. Sheriff to keep her in close confinement in the common jail until Friday the 27th of the present month of May and that on said Friday between the hours of 11 a.m. and 3 p.m. the sheriff shall take Jane from jail to a gallows erected for that purpose and he hang the said Jane by the neck until she is dead and that a certified copy of this judgment be delivered to the sheriff.
(p. 343)
A. F. G. Gouhenant final oath for citizenship. The 14th day of May 1851, Dallas County, Adolphe F. G. Gouhenant a native of France filed in open court his petition to become a citizen, now at this time he takes and subscribes the following oath: I, Adolphe F. G. Gouhenant do solemnly swear that I will support the constitution of the United States of America and abjure from all allegiance and fidelity to any foreign Prince and particularly to Napoleon III, present Emperor of France of whom I was late a subject. Sworn to oath.
(p. 344)
F. B. N. Vassallo files declaration of intention. In District Court, Spring Term, 1853, Francisco Bartolomous Natulo Vassallo a native of Italy states that on the 27th day of March 1851 in the District Court, County of Walker, State of Texas, he declared his intention to become a citizen of the United States. He took oath to abjure from all allegiance to Victor Emmanuel present sovereign of Italy and Sardinia. Sworn to the 16th day of May 1853 by F. B. N. Vassallo.
At this time comes into court Augustus Martin asking the court to grant him a license to practice as an attorney and to appoint a committee to examine his legal proficiency. He also files a certificate of his character. The Messrs E. P. Nicholson, John Easton & John E. Cravens were appointed a committee to examine said Martin.
(p. 345)
State of Texas vs J. B. McPherson. Indictment for Gaming.
McPherson acknowledges himself indebted to the State of Texas for the sum of $100. also, Alex Cockrell and C. G. Cole, his securities are indebted to the State in the sum of $50. each. It is void on condition that McPherson make his personal appearance day to day and term to term without being discharged by the court.
State of Texas vs Alexander Cockrell. Indictment for Gaming.
Alexander Cockrell acknowledges himself indebted to the State of Texas for the sum of $100. also, J. B. McPherson and C. G. Cole, his securities are indebted for $50. each. It is void on condition that Cockrell make his appearance at court.
State of Texas vs C. G. Cole. Indictment for Gaming.
C. G. Cole acknowledges himself indebted to the State of Texas for the sum of $100. also, J. B. McPherson and Alexander Cockrell, his securities are indebted for $50. each. It is void on the condition that C. G. Cole make his appearance at court.
State of Texas vs Claborn Worsham.
The principal, Worsham puts up $100 to the State and his securities Alexander Cockrell and C. G. Cole, $50. each. Void on condition that the said Worsham shall make his personal appearance before the district court in a charge against him for gaming.
(p. 346)
H. P. Crum vs R. A. Lemmon. Trespass.
Jury: W. T. Edmunson and 11 others. Verdict: Jury failed to agree and were allowed to disperse until tomorrow at 9 a.m.
A. C. Haught, et al vs C. W. Adams & Co. Debt.
Case continued.
(p. 347)
James M. Bennett vs William P. Howard Trespass to Try Title.
Ordered that A. M. Keen be appointed special surveyor to survey the land described in the plaintiff’s petition and to make out and return to the next term of court the field notes showing the conflict if any of said surveys. The case continued until next term of court.
(p. 348)
H. P. Crum vs R. A. Lemmon. Trespass.
[Transaction of court not recorded]
Ordered by the court that the fine entered against A. Dowdy at this term of court be & the sum is hereby remitted. [Amount of fine is not given.]
(p. 349) May 18th, 1853
H. P. Crum vs R. A. Lemmon. [blank]
The parties and the same jury as yesterday appeared. Verdict: Jury find for the plaintiff and assess damages at $50. W. T. Edmanson, Foreman. The defendant is to pay costs.
John Law vs David Cameron. Trespass.
The case is continued under a rule for security for cost.
A. G. Walker vs A. M. Keen. [blank]
This case is continued on affidavit of the plaintiff.
J. M. Bennett, Administrator vs R. H. Hibbitt. Trespass to Try Title.
The death of the defendant Hibbitt is suggested and Margaret Hibbitt, Administratrix makes herself a party in his stead. Case continued with an order of alias process to issue for defendant A. A. Nelson.
(p. 350)
Charilaus Miller vs Robt. Sloan. Trespass to Try Title.
The case is continued with order for alias process to issue for Defendant Chambers.
Saml. T. Bleadsoe vs Jas. P. Martin. [blank]
Case is continued by consent of the parties.
Wm. Myers vs Milton Merryfield. [blank]
The defendant files an amendment. The case is submitted to a jury: John H. Cole, Foreman, and 11 others. Night coming on, the case continued until tomorrow morning.
State of Texas vs Thomas F. Crutchfield. Motion.
The defendant moves to quash the bond upon which the judgment was granted because the bond was not in accordance with the statute in such cases, that there was but one security and the statute requires two. Motion sustained by the court.
(p. 351)
State of Texas vs H. P. Crum. A. & B.
The defendant pleads guilty. Jury: James M. Bennett and 11 others. Verdict: They fine the defendant $1.00. State of Texas to recover $1.00 and the cost of the case.
E. M. Hibbitt, Admx. vs J. P. Lawrence. Trespass to Try Title.
A. M. Keen appointed to be special surveyor and return the field notes to the next session of court.
Ordered by the court that a fine be entered against John M. Crockett, John E. Cravens, John C. McCoy, Nat M. Burford of $5.00 each for contempt of court.
Elizabeth Bryan vs James B. Bryan. Motion.
The plaintiff asks the court to set aside separate property during the pendency of this suit. Motion was overruled.
(p. 352)
Elizabeth Bryan vs James B. Bryan. Motion.
The plaintiff moves the court to rule that the defendant give security for cost which is overruled.
W. B. Miller vs Robert Sloan. [blank]
Case continued.
A. Gouhenant vs J. B. McPherson. [blank]
Case continued.
McPherson & Parker vs Alexander Cockrell. Certiorari.
McPherson & Parker have leave to amend their petition.
(p. 353) Thursday May 19th, 1853
William Myers vs Milton Merryfield. Trespass to Try Title.
Parties and the same jury as yesterday, John H. Cole, foreman, completed hearing the evidence. Verdict: Find for the plaintiff. Plaintiff to recover from defendant Merryfield land beginning in the SE corner of Section 19, Township 1 South, Range 1 East as surveyed by W. S. Peters. Plaintiff to recover from the defendant the costs.
(p. 354)
Wesley Morgan vs A. G. Walker & C. G. Cole. [blank]
The plaintiff to recover from the defendants Walker & Cole, the sum of $228.67 and $55.80 interest with all costs.
T. C. Hawpe, Administrator of Byrne Debt. vs Abner M. Keen & T. C. Hawpe.
Defendants failing to appear it is therefore ordered the plaintiff T. C. Hawpe, Administrator of the estate of James W. Byrne, to recover from defendants the sum of $260. and $11.63 interest together with the costs.
(p. 355)
McPherson & Parker vs Alexander Cockrell. [blank]
As adjudged and decreed by the court of 6th Nov. 1852, the judgment rendered by A. Baird, Justice of the Peace, is to stand. [NOTE: The court of November 1852 was not recorded in this volume.]
Anson McCrackin, Admn. of William Foreclosure of Mortgage.
Pearson vs Margaret Bryan,
John N. Bryan, Samuel B.
Pryor and A. Harwood.
Defendants withdraw their plea and it is ordered by the court that the plaintiff recover the sum of $690. principal and $40. interest and all costs of this suit. Mortgage is foreclosed and property ordered to be sold to satisfy this judgment.
(p. 356)
Ordered by the court that the fine imposed upon J. M. Crockett, J. C. McCoy, N. M. Burford and John E. Cravens for $5.00 each, the same is hereby remitted.
(p. 357) Friday May 20, 1853
Warren A. Ferris vs J. H. Snow, et al, [blank]
heirs of D. A. Murdock.
Now comes the plaintiff Warren A. Ferris by his attorneys, the defendants not appearing. The jury: W. T. Edmanson and 11 others. Verdict: Find for the plaintiff; $173.46 being the amount of the former judgment plus costs and the interest at 8%.
(p. 358)
John Merryfield vs Rich. Wilson. [blank]
Plaintiff asks leave to amend his petition which is granted. Case continued.
State of Texas vs Thomas F. Crutchfield. [blank]
Case dismissed.
Elizabeth Bryan vs James B. Bryan. Divorce.
Plaintiff has leave to amend her petition.
State of Texas vs William Coombs. A & B.
This case is dismissed.
(p. 359)
Ordered by the court that Esoy Mulkin be fined $2.50 for contempt of court and that he be in custody of the sheriff until the same is paid.
The committee appointed to examine A. W. Martin reported favorably. Therefore, it is ordered that the clerk make out and deliver to said A. W. Martin a license to practice as an attorney.
(p. 360) Saturday May 21st, 1853
Ordered that the Clerk of the District shall keep a roll of the names of the attorneys practicing at the bar which shall be called by him each morning of the court.
Elizabeth Bryan vs James B. Bryan. Motion for Alimony.
John C. McCoy is appointed receiver. The defendant, James B. Bryan is ordered to deliver to the receiver the notes on the liability of Jonathan E. Jenkins for the rent of the hotel in the town of Dallas for the present year amounting to $300. The said McCoy is to collect the rents and distribute them in the following proportion; Elizabeth Bryan—$200., James B. Bryan—$75.00, the said Jenkins—$25. for improvements. When present term of renting expires, McCoy shall rent out the hotel at the best rate and continue to do so from year to year until the suit for divorce between these parties now pending shall be determined. Said receiver shall be allowed 10% on all amounts received and paid out.
(p. 362)
Ordered by the court that Johnson & Hunt be fined $1.00 each for contempt of court and that they be in custody of the sheriff until the same be discharged.
A. G. Walker vs Merryfield. [blank]
The jury fee has not been paid therefore the judgment rendered on the 4th day [of this term, Nov. 12th] be set aside and the case is continued.
State of Texas vs Hiram Blackwell. Gaming.
The sheriff of Dallas County is to take Hiram Blackwell into custody and confine him in the county jail of Dallas County until the fine and costs have been paid.
State of Texas vs William P. Holman.
Capias pro fine be issued for the defendant.
(p. 363)
Isaac Wade vs John M. Harding. Award.
This case having been submitted to arbitration. Contract for the land described in the plaintiff’s petition. That the possession of said land and all improvements of every description be delivered to the said John M. Harding. That the certificate for said land be cancelled and the certificate be delivered to said Harding with the sum of $128. for the use and occupation of the said land. That John M. Harding pay to Isaac Wade the sum of $60. for improvements placed upon the land by Wade. As sum of $379. should be paid to Harding by Wade together with $47.52 interest totaling $480.52, deducting the sum of $128. already paid. Therefore ordered by the court that said plaintiff Wade recover from defendant Harding the sum of $352.32 and half the costs expended in this case. The defendant Harding is to recover from plaintiff Wade the possession of his land and improvements and said certificate.
(p. 364)
Ordered by the court that Wesley M. Chenault be paid the sum of $4.50 for three days service as bailiff to the grand jury for this term of court.
Ordered by the court that Robert J. McKenzie be paid the sum of $18. for twelve days service as bailiff during the present term of this court.
Elizabeth Bryan vs James B. Bryan. Divorce.
T. C. Hawpe, sheriff of Dallas County presented to court his affidavit for his services rendered in the collection and taking care of the property sequestered for the sum of $64.90. Approved by the court.
(p. 365)
Ordered by the court that E. C. Browder be allowed the sum of $50. for extra services for the year ending on the 9th day of May 1853.
Ordered by the court that Frederick Moss be allowed the sum of $3.50 for service as a juror at the November term 1850 (said juror overlooked in making jury list for that term).
John W. Smith vs John T. Kelly [blank]
Case continued until next term.
William Simpson vs A. G. Walker. [blank]
This case coming to be heard and the presiding judge having been of counsel this case is therefore continued.
William Simpson vs A. G. Walker. [blank]
This case coming to be heard and the presiding judge having been of counsel this case is therefore continued.
William Simpson vs A. G. Walker. [blank]
This case coming to be heard and the presiding judge having been of counsel this case is therefore continued.
William Simpson vs A. G. Walker. [blank]
This case coming to be heard and the presiding judge having been of counsel this case is therefore continued.
William Simpson vs A. G. Walker. [blank]
This case coming to be heard and the presiding judge having been of counsel this case is therefore continued.
(p. 366)
Report of the jurors: State of Texas, Spring Term 1853. Report and list of jurors who served at this term of court, and together with the amount due each and their pro rata amount of the jury fines collected at this term of court, to wit:
NAME OF THE JUROR # OF DAYS $ AMOUNT PRO RATA
L. G. Coombs 3 $4.50 $.87
E. H. Roads 3 $4.50 $.87
H. Bennett 3 $4.50 $.87
Z. Heath 3 $4.50 $.87
Thomas A. Phillips 3 $4.50 $.87
J. Atteberry 3 $4.50 $.87
N. Good 3 $4.50 $.87
J. G. Boydston 3 $4.50 $.87
M. Merrifield 3 $4.50 $.87
T. J. McDowell 3 $4.50 $.87
John Conway 3 $4.50 $.87
M. R. Fondron 3 $4.50 $.87
W. H. Keen 3 $4.50 $.87
C. H. Bernard 3 $4.50 $.87
G. B. Knight 3 $4.50 $.87
W. P. Holman 2 $3.00 $.58
J. H. Barlough 2 $3.00 $.58
J. P. Lawrence 7 $10.50 $2.03
A. W. Perry 6 $9.00 $1.74
Joel Roberts 6 $9.00 $1.74
Jeff Dunnaway 6 $9.00 $1.74
J. E. Elam 6 $9.00 $1.74
James Snow 6 $9.00 $1.74
Jones Green 6 $9.00 $1.74
[continued from previous page]
NAME OF THE JUROR # OF DAYS $ AMOUNT PRO RATA
Thomas D. Coats 10 $15.00 $2.70
J. A. Armstrong 12 $18.00 $3.57
E. T. Myers 6 $7.50 $1.74
(NOTE: He was fined $1.50 which was taken from $9.00 due him)
J. J. Beeman 6 $9.00 $1.74
J. C. Cook 6 $7.50 $1.74
(NOTE: He was fined $1.50 which was subtracted)
A. G. Harris 3 $4.50 $.87
J. T. Porter 2 $3.00 $.58
A. Bledsoe 6 $9.00 $1.74
F. A. Winn 6 $9.00 $1.74
J. C. Hull 6 $9.00 $1.74
O. W. Knight 6 $9.00 $1.74
J. S. Tucker 6 $9.00 $1.74
Hewlet Moss 6 $9.00 $1.74
A. McCrackin 6 $8.00 $1.74
(NOTE: He was fined $1.00 which was subtracted)
A. Lavender 6 $9.00 $1.74
(p. 367)
William P. Carder 8 $12.00 $2.32
Levi Turner 6 $9.00 $1.74
N. Atterberry 6 $9.00 $1.74
G. Langford 3 $4.50 $.87
Wm. Bruton 5 $7.50 $1.45
Wm. Chenault 5 $7.50 $1.45
A. J. Mannin 5 $7.50 $1.45
Thomas Keenan 5 $7.50 $1.45
Wm. Mooneyham 2 $3.00 $.58
J. H. Cole 7 $10.50 $2.03
J. R. Bruton 7 $10.50 $2.03
Z. Morrow 5 $7.50 $1.45
Ben Prigmore 5 $7.50 $1.45
Wm. Shannon 7 $10.50 $2.03
J. B. Browder 7 $10.50 $2.03
A. T. Nanny 5 $7.50 $1.45
William Myers 6 $9.00 $1.74
Z. Harris 5 $7.50 $1.45
John Sears 6 $9.00 $1.74
Wm. Nix 6 $9.00 $1.74
Wm. T. Edmundson 6 $9.00 $1.74
[continued from previous page]
NAME OF THE JUROR # OF DAYS $ AMOUNT PRO RATA
Simco Popplewell 6 $9.00 $1.74
H. Condra 6 $9.00 $1.74
Isaac Wade 3 $4.50 $.87
Joseph Prigmore 6 $9.00 $1.74
JURY FEES PAID:
Latham vs Davis $3.00
Lavender vs Walker $3.00
Apperson vs Bledsoe $3.00
Hibbert vs Hibbert $3.00
Myers vs Marryfield $3.00
Anderson vs Cole $3.00
Marryfield vs Coombs $3.00
Cockrell vs McPherson, et al $3.00
Browder vs Wright $3.00
McPherson, et al vs Cockrell $3.00
Morgan vs Walker $3.00
Wright vs Martin $3.00
Myers vs Merryfield $3.00
Wilson vs Newton $3.00
Dunnaway vs Overton $3.00
Overton vs Walker $3.00
Parrish vs Fuller $3.00
Hunt vs Bryan $3.00
McPherson, et al vs Latrum $3.00
Hibbert & C. vs Dunnaway $3.00
Walker vs McPherson & B. $3.00
McCrackin vs Bryan, et al $3.00
Crum vs Lemmon $3.00
Ferris vs Snow $3.00
Blue vs McDaniel $3.00
Markham vs Bruton $3.00
Blue vs Turner $3.00
Crockett vs Tucker $3.00
Hawpe vs Keen $3.00
State vs Crum $5.00
Fines $5.50
TOTAL $97.50
Deduct $2.50 clerk fee, leaving $95.00 to be distributed
Submitted 21 May 1853, E. C. Browder District Clerk, examined and approved in open court, John H. Reagan District Judge, 9th Judicial District.
(p. 368)
Ordered the court be adjourned. E. C. Browder, District Clerk; John H. Reagan, District Judge.
(p. 369) 16 September 1853
Edward Browder, Clerk of the District Court; W. W. Peak, Clerk of the County Court; and John Lanier, Acting Justice of the Peace of Dallas county, Texas drew the names of the following persons to serve as jurors during the November term of the District Court:
Asher Carter, John McComas, J. C. Hall, Weston Perry, N. T. Stratton, Thomas M. Ellis, John H. Thomas, A. M. James, John Chapman, Zachariah Burress, M. F. Fortner, Wm. Chenault, Richard Bruton, Thomas Johnson, H. M. Rawlins, Benjamin Beckner, Mansfield Ricketts, Thomas Benard, B. F. Bethurum, J. W. Wright, A. G. Harris, James Moore, A. B. Lanier, Joshua Barker, Wm. Turner, Thomas Keenan, J. M. Patterson, A. J. Manning, John Horton, Everard Sharrock, Jr., T. K. Anderson, Abraham Hart, A. W. Webb, J. H. Holloway, Thomas Chesher, Powel Narboe
